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Exempt from U.S.C. TITLE 18, SECTION 2257? - 12/10/2007 9:46:37 AM   
GoddessMine


Posts: 250
Joined: 9/27/2007
Status: offline 		I only came up with two threads discussing U.S.C. Title 18, Section 2257 Compliance when I searched for it in the forums, so I'm hoping I'm not being too redundant..

Anyway, I have a question regarding this code. So I have an adult-themed website. It's sexual in nature and is crude in language (at times), but all the photos and videos in My website do not depict sex, and there aren't any nude shots. Also, I am the only "model" in My website, and I'm over 18 years old (22).

Do I still need to purchase U.S.C. Title 18, Section 2257 for My site?
Or is there a title that specifically covers sites that are similar to Mine - sexual, but exempt from recordkeeping/liability due to the non-sexual content inside - that I'm overlooking?

I need help! I want My site protected!

Love,
GM

edit: I'm also looking at this site to purchase the title, but if any of you can recommend something better, please do so!

< Message edited by GoddessMine -- 12/10/2007 9:55:55 AM >

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RE: Exempt from U.S.C. TITLE 18, SECTION 2257? - 12/10/2007 10:25:31 AM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
Status: offline 		"Do I still need to purchase U.S.C. Title 18, Section 2257 for My site? "

Who is trying to sell it to you?

If your site is commercial in nature, an attorney ( business expense ) can easily explain the requirements and process necessary for compliance with all appropriate laws.





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(in reply to GoddessMine)
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RE: Exempt from U.S.C. TITLE 18, SECTION 2257? - 12/10/2007 10:26:34 AM   
Alumbrado


Posts: 5560
Status: offline 		What do you mean 'purchase'?

And why would you think that section of the criminal code applies to what you've described above?

http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002257----000-.html


ETA:  Ahhh... I see your edit now... Don't send anyone any money for a form, if you aren't doing anything that falls under the law. And don't pay $99 when you can see many examples of the free required statement all over the Web.

http://search.yahoo.com/search?ei=utf-8&fr=slv8-&p=U.S.C.%20Title%2018%2c%20Section%202257%20Compliance&type=



< Message edited by Alumbrado -- 12/10/2007 10:32:59 AM >

(in reply to GoddessMine)
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RE: Exempt from U.S.C. TITLE 18, SECTION 2257? - 12/10/2007 10:44:29 AM   
GoddessMine


Posts: 250
Joined: 9/27/2007
Status: offline 		Do you...not...purchase it? Do I just copy and paste it and add and amend here and there???

I'm only worrying about it now because I just noticed that other sites similar to Mine (not selling a physical product, but with financial transactions occuring) all have this compliance code/title pasted on one of the pages. However, I *did* find another girl's site similar to Mine with her compliance code specifically stating that her site is non-sexual and is therefore exempt from any recordkeeping, liability, etc.

I guess My issue is that I want *that* specific title. I want to be legally in the right and protected. I'm talking with a lawyer right now, but she's being oddly ambiguous, and I'm not great with legal speak..

Love,
GM

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(in reply to Alumbrado)
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RE: Exempt from U.S.C. TITLE 18, SECTION 2257? - 12/10/2007 10:56:29 AM   
Alumbrado


Posts: 5560
Status: offline
quote:

but all the photos and videos in My website do not depict sex


If that is 100% true, then that code doesn't seem to apply to you.

And you cannot purchase a Title in this case, since the term refers to the way that federal laws are cataloged. 

The web site you linked to is charging money for nothing.


(in reply to GoddessMine)
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RE: Exempt from U.S.C. TITLE 18, SECTION 2257? - 12/10/2007 11:32:33 AM   
GoddessMine


Posts: 250
Joined: 9/27/2007
Status: offline 		Hmmm...ok. Thanks Alumbrado! Just as an aside though - why do you think the other girl's website, who's similar to Mine in terms of non-sexual pictures and videos, has this compliance code:

This website, http://www.--.org, is exempt from the record keeping requirements of 18 U.S.C. §2257(a)-( d ).http://www.--.org does NOT contain visual depictions of actual or simulated sexually explicit conduct under the definitions of such, described in 18 USC 2256, and, as such, is exempt from the record keeping requirements set forth in 18 USC 2257 and CFR 75 - per Sec.75.7. All persons that appear in any visual depiction contained on http://www.--.org were over the age of eighteen years at the time of creation of such depictions. This website does not contain visual depictions of actual or simulated sexually explicit conduct as described in paragraphs (a)(1) and (a)(2) of 28 C.F.R. 75.7. or does not contain visual depictions of actual or simulated sexually explicit conduct under the definitions of such contained in 18 USC 2256, and, as such, are exempt from the record keeping requirements set forth in 18 USC 2257 and CFR 75 - per Sec.75.7. /// The design and content of http://www.--.org is (c) Miss " ", with respect to some clip art found inside, which is used with permission. By entering this website AND contacting it's owner, you acknowledge that any personal information (including photos, e-mail addresses, screen names, and contact information) may be published at the discretion of Miss " ".
 
Love,
GM

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(in reply to Alumbrado)
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RE: Exempt from U.S.C. TITLE 18, SECTION 2257? - 12/10/2007 11:51:38 AM   
RCdc


Posts: 8674
Status: offline 		It's not a 'compliance', it is more of a disclaimer.
 
the.dark.
(.editbecauseicannotspell.)

< Message edited by Darcyandthedark -- 12/10/2007 12:10:09 PM >

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RE: Exempt from U.S.C. TITLE 18, SECTION 2257? - 12/10/2007 12:24:45 PM   
Stephann


Posts: 4214
Joined: 12/27/2006
From: Portland, OR
Status: offline 		Hiya GM,

complience with the law simply means you have records on file of all models engaging in sex or sex simulated acts.  The website you mentioned simply sells a legal do it yourself 'kit'; a handful of forms you'll have permission to photocopy and use, that a model would fill out attesting that she's of legal age, and references on the type of identificaiton you are required to verify for recordkeeping purposes.  Simple nudity doesn't fall under Title 18, as nudity in art is protected by free speech; hence the terms sex and sex act.  The lay says, essentially, that if there are sex acts (simulated or real) portrayed, that you need to have a record of the person's name (actually, all names they've ever used) and date of birth, derived from identification (a photocopy of their drivers license, passport, or state ID with photograph is enough) and that you keep those records somewhere the state may inspect in a reasonable amount of time.  Finally, the location of those records (i.e. an address, and/or phone number) where those records are kept must be clearly displayed attached to that material; the entrance page of most adult websites based in the US has this information, and adult movies sold in the US need to have that information in the credits.

In your case, if there's no sex acts portrayed at all on the website, you don't have any legal obligation to mention Title 18 at all.

I would suggest that as far as legal liability is concerned, it would be far more important to file income taxes.  Money earned from gifts, tributes, etc, are all 'other' income, and require federal, state, and Social Security Insurance taxes paid on them.  Fines and backtaxes can be a real bitch.

Stephan


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Men: Find a Woman here

(in reply to RCdc)
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RE: Exempt from U.S.C. TITLE 18, SECTION 2257? - 12/10/2007 12:33:18 PM   
GoddessMine


Posts: 250
Joined: 9/27/2007
Status: offline 		Is it sort of like of those court shows where people would get fucked over because they'd verbally agree over something, whereas they should have signed a simple written contract that wouldn't have needed a lawyer's consultation?

Love,
GM 

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Pleasure of the Text? Pleasure of the Goddess, more like it.

(in reply to RCdc)
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RE: Exempt from U.S.C. TITLE 18, SECTION 2257? - 12/10/2007 12:53:19 PM   
luckydog1


Posts: 2736
Joined: 1/16/2006
Status: offline 		While most people seem to be in agreement, and I concur that you probably do not need to buy one of those forms.....

YOU SHOULD NEVER TAKE LEGAL ADVICE FROM PEOPLE ON A WEB SITE!!!

&

IF YOUR LAWYER IS "oddly ambiguous"  FIRE HER AND GET A NEW ONE, RIGHT NOW!!!!

I would be happy to take a look at your website though <grin>.

(in reply to GoddessMine)
Profile   Post #: 10
RE: Exempt from U.S.C. TITLE 18, SECTION 2257? - 12/10/2007 1:12:28 PM   
Lucylastic


Posts: 40310
Status: offline 		HI GM, the chaps are right, as you are the only model, you have the details of your address etc that anyone that would come knocking, would need or require. If there is no nudity and no depictions of sexual acts, then you are gonna be ok, as  the law is regarding the models age(over 18 or 21). Most comments such as the one you posted are disclaimers for  people to feel they have covered their ass.
If you intend to get more into "Adult" style sites, keep an eye out for the YNOT website. They cover many aspects of the business legalities and much much more, they have forums if you have questions and it is a good resource site.
Of course you should make sure that your pics etc are copyright aware, such as permission for logos, pics etc. The copyright police are rabid lately.
And altho the advice on the Ynot forums can help in many ways, having access to an adult industry legal eagle is a good idea, but as Stephann said,  taxes are most important.
All the best
Lucy

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(in reply to GoddessMine)
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RE: Exempt from U.S.C. TITLE 18, SECTION 2257? - 12/10/2007 1:15:33 PM   
sub4hire


Posts: 6775
Joined: 1/1/2004
Status: offline 		As others have stated it is more of a disclosure.  You don't purchase anything.  I own a few adult web sites myself.  I have the disclaimer on each of them.
Reason being...if the feds come knocking I might have an easier time handling them if they know I am aware of the law.

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RE: Exempt from U.S.C. TITLE 18, SECTION 2257? - 12/10/2007 1:27:53 PM   
GoddessMine


Posts: 250
Joined: 9/27/2007
Status: offline 		Eeek about taxes. But ok! I feel a bit more clarified now, so thank you to everyone who responded with great advice! I'll be checking out YNOT, and I'll definitely NOT buy legal forms online, especially when I *am* exempt from USC 18 - afterall, there is no nudity, I'm the only model, I'm over 18, and there are no depictions of sexual acts</reassuring self>.

I suppose the last thing to do is include an "I Agree, I Disagree" with  My application form.

Love,
GM

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Pleasure of the Text? Pleasure of the Goddess, more like it.

(in reply to Lucylastic)
Profile   Post #: 13
RE: Exempt from U.S.C. TITLE 18, SECTION 2257? - 12/10/2007 1:40:38 PM   
Stephann


Posts: 4214
Joined: 12/27/2006
From: Portland, OR
Status: offline
quote:

ORIGINAL: GoddessMine

Eeek about taxes. But ok! I feel a bit more clarified now, so thank you to everyone who responded with great advice! I'll be checking out YNOT, and I'll definitely NOT buy legal forms online, especially when I *am* exempt from USC 18 - afterall, there is no nudity, I'm the only model, I'm over 18, and there are no depictions of sexual acts</reassuring self>.

I suppose the last thing to do is include an "I Agree, I Disagree" with  My application form.

Love,
GM


I don't (and prefer not to) know what or how much you're receiving through your site.  I would suggest that if it amounts to more than a thousand dollars a year, you should look into setting up a corporation, and get a very good accountant.

Close to all of the money you spend can be tax deductible for your business; your rent (it's where your business is), your car payments, gas, and insurance (necessary for acquiring business materials and performing business activities), your food (employees need to eat, and you're the number one employee), office supplies and needs (your computer, internet hosting bills, your internet connection, your gas, water, and electric bills) your clothing (modeling gear), your digital camera, batteries, the list goes on and on.

Of course, you may need to shovel out some of this on an accountant, but that's money that isn't going to Uncle Sam.  You'll get screwed on SSI either way, but income taxes should never eat into your profits.

Stephan


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"The blade itself incites to violence" - Homer

Men: Find a Woman here

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RE: Exempt from U.S.C. TITLE 18, SECTION 2257? - 12/11/2007 1:02:47 AM   
Termyn8or


Posts: 18681
Joined: 11/12/2005
Status: offline 		GM, you might want to go at least partial compliance. I have heard from site owners/webmasters of chastity belt sites and all of them in the US pulled their pictures. One poster on LMU said "Wait, I can't show pictures of people having sex and I can't show pictures of people who can't have sex ?". The answer was yes.

Full compliance is thus :

The release form of course

A photocopy of the model's picture ID

A place of business open at least twenty hours a week for the feds to come and inpect the documents

A database of anywhere else on the internet where that particular model is shown

That last one is tough. Part of it is whether the site is for commecial use. Part of it is whether the pictures actually have anything to do with sex. I mean anything. I mean in a chastity belt you can't see anything, but the lawyers for most sites in the US have advised their clients to remove all pictures that depict an actual human body.

Apparently it is totally legal to paint pictures of dirty old Men raping schoolgirls, but that is how the law is written. Typical.

Another knee jerk. That's what USC2257 is, it does nothing good, just gives them ammo to prosecute, and that is what they were really after. You see their buddies in the porn business are getting hurt by competition by the little guy and the private sector. So they had to do this for the good of the people, their people. The big guys (their buddies) can comply, or fake it well enough. Yes, you can still see the sixteen year old lolitas as long as it comes from an approved source. Nobody will be the wiser, just pay the money and you are in the clear. Well unless the owner of the site falls out of favor with the government. Then you go to jail and lose everything.

This is going to fall down in court once they fuck with the wrong person. If they fucked with me, I'd have plenty of evidence, for example the Sears catalog. Are they saying that one Woman wearing leather is sexual but it is Lycra spandex or some shit in the Sears catalog it is exempt ?

I would have a field day. But don't do that. It will drain you emotionally, intellectually and financially. When you start fucking with these people, they will ruin you. Even to fight them with any chance, you need hidden assets, stuff in other people's names, all that, it's either that or you starve to death and they win anyway.

This is a government of thieves, and this is just another method for them to take. And they will not hesitate to use it on you, or me.

I have some explicit stuff in my FTP, I'll deal with it if and when they get to me. If you have a commercial website, it would be best to comply. If I did it I would either list home or work as the place of business, probably work.

And do find another lawyer.

T

(in reply to Stephann)
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RE: Exempt from U.S.C. TITLE 18, SECTION 2257? - 12/11/2007 2:36:03 AM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
Status: offline 		You need a CPA and an attorney to properly answer all your questions in the jurisdictions you're going to operate.

The 200 bucks or so up-front is worth it for the peace of mind.

_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to Termyn8or)
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